[Vision2020] Executive Sessions

[Sue Hovey]

Thank you, Stephanie.  What I'm wondering after reading the statute is in what section does the Hawkins discussion fit?  That isn't clear to me. Perhaps someone in the office can point it out.  

Sue H.
  ----- Original Message ----- 
  From: Stephanie Kalasz 
  To: v2020 
  Sent: Wednesday, February 13, 2008 11:34 AM
  Subject: Re: [Vision2020] Executive Sessions


    For those of you who are interested, this is from the Idaho Code:

     

    > TITLE  67

    >                       STATE GOVERNMENT AND STATE AFFAIRS

    >                                   CHAPTER 23

    >                            MISCELLANEOUS PROVISIONS

    >     67-2345.  EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing 

    > contained in this act shall be construed to prevent, upon a two-thirds 

    > (2/3) vote recorded in the minutes of the meeting by individual vote, 

    > a governing body of a public agency from holding an executive session 

    > during any meeting, after the presiding officer has identified the 

    > authorization by specific reference to one (1) or more of paragraphs 

    > (a) through (j) of this subsection for the holding of such executive 

    > session. An executive session may be held:

    >     (a)  To consider hiring a public officer, employee, staff member or

    >     individual agent. This paragraph does not apply to filling a 

    > vacancy in an

    >     elective office;

    >     (b)  To consider the evaluation, dismissal or disciplining of, or 

    > to hear

    >     complaints or charges brought against, a public officer, employee, 

    > staff

    >     member or individual agent, or public school student;

    >     (c)  To conduct deliberations concerning labor negotiations or to 

    > acquire

    >     an interest in real property which is not owned by a public agency;

    >     (d)  To consider records that are exempt from disclosure as 

    > provided in

    >     chapter 3, title 9, Idaho Code;

    >     (e)  To consider preliminary negotiations involving matters of 

    > trade or

    >     commerce in which the governing body is in competition with 

    > governing

    >     bodies in other states or nations;

    >     (f)  To communicate with legal counsel for the public agency to 

    > discuss

    >     the legal ramifications of and legal options for pending 

    > litigation, or

    >     controversies not yet being litigated but imminently likely to be

    >     litigated. The mere presence of legal counsel at an executive 

    > session does

    >     not satisfy this requirement;

    >     (g)  By the commission of pardons and parole, as provided by law;

    >     (h)  By the sexual offender classification board, as provided by 

    > chapter

    >     83, title 18, Idaho Code;

    >     (i)  By the custody review board of the Idaho department of juvenile

    >     corrections, as provided by law; or

    >     (j)  To engage in communications with a representative of the public

    >     agency's risk manager or insurance provider to discuss the 

    > adjustment of a

    >     pending claim or prevention of a claim imminently likely to be 

    > filed. The

    >     mere presence of a representative of the public agency's risk 

    > manager or

    >     insurance provider at an executive session does not satisfy this

    >     requirement.

    >     (2)  Labor negotiations may be conducted in executive session if 

    > either side requests closed meetings. Notwithstanding the provisions 

    > of section 67-2343, Idaho Code, subsequent sessions of the 

    > negotiations may continue without further public notice.

    >     (3)  No executive session may be held for the purpose of taking 

    > any final action or making any final decision.



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